Tom C. Clark

“ The running of the time for appeal is terminated by the filing of a timely motion under Rule 52 or Rule 59. But here petitioner contends that the trial court's statement that the motions were 'in ample time,' considered together with the Government's acquiescence, was sufficient to effect such termination. Whether the trial judge's statement was spontaneous or made by agreement is not shown by the record and is of no legal significance. The rules specifically say that motions to amend the findings and for new trial must be made within 10 days and that this time shall not be extended. ”

“ In the light of these facts I cannot say that this case 'fits squarely within the letter and spirit' of Harris Truck Lines, Inc. v. Cherry Meat Packers, Inc., 371 U.S. 215, 83 S.Ct. 283, 9 L.Ed.2d 261 (1962) . As I read the facts in the two cases, Harris Lines does not touch the problem here. ”